ACCESSORY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
VI. Patent and Software Provisions
Motorola will defend at its own expense, any suit brought against you to the extent that it is based on a claim that the Products infringe a United States patent. Motorola will pay those costs and damages finally awarded against you in any such suit which is attributable to any such claim. The defense and payments by Motorola are conditioned on the following: (a) that you will notify Motorola promptly in writing any notice of the claim; and (b) that Motorola will have sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) should the Products become, or in Motorola’s opinion be likely to become, the subject of a claim of infringement of a United States patent, that you will permit Motorola, at its option and expense, to procure for you the right to continue using the Product or parts; to replace or modify them so that they become
Motorola will have no liability to you with respect to any claim of patent infringement which is based upon the combination of the Products or parts furnished under this limited warranty with software, apparatus or devices not furnished by Motorola. Motorola will have no liability for the use of ancillary or peripheral equipment or software not furnished by Motorola which is attached to or used in connection with the Products. The foregoing states the entire liability of Motorola with respect to infringement of patents by the Products, accessories, batteries or any parts of them.
Laws in the United States and other countries preserve for Motorola certain exclusive rights for copyrighted Motorola software such as the exclusive rights to reproduce in copies and distribute copies of the Motorola software. Motorola software may be copied into, used in and redistributed with only the Products associated with such Motorola software. No other use, including without limitation disassembly, of such Motorola software or exercise of exclusive rights in such Motorola software is permitted.
VII.State and Jurisdiction Law Rights
Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or from one jurisdiction to another.
Motorola:
In the U.S.A.: | In Canada: |
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Motorola, Inc. | Motorola Canada Limited |
600 North U.S. Highway 45 | 5875 Whittle Road |
Libertyville, IL 60048 | Mississauga, ON L4Z 2H4 |
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